Competitiveness, efficiency and performance in the judicial reorganisation sector Cover Image
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Competitivitatea, eficienţa şi performanţa în sectorul procedurilor de reorganizare judiciară
Competitiveness, efficiency and performance in the judicial reorganisation sector

Author(s): Cristina Stroie
Subject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Universul Juridic
Keywords: judicial reorganisation; insolvency; competitiveness; efficiency; performance; filtering errors; indirect costs; economic recovery; reorganisation capacity test; TCR;

Summary/Abstract: This article explores the economic dimension of judicial reorganization procedures, analyzing fundamental concepts such as competitiveness, efficiency, and performance within the context of insolvency. Building upon M. H. Miller's (1991) observations regarding the dilemma of filtering viable versus non-viable companies, the paper details the costs associated with Type I and Type II errors, as well as their impact on claims recovery and the business environment. The article analyzes international empirical studies concerning the post-reorganization performance of companies and emphasizes the necessity of robust predictive models for reorganization success. Special attention is given to the specifics of the Romanian insolvency system and the need for its modernization to ensure efficient resource reallocation and enhance economic competitiveness.

  • Issue Year: 2025
  • Issue No: 01
  • Page Range: 55-68
  • Page Count: 14
  • Language: Romanian
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